Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.24 of 2025 Karan Sagar
…..….....Applicant Versus State of Uttarakhand
….….Respondent Present:- Ms. Sheetal Selwal, Advocate for the applicant. Mr. Pankaj Joshi, AGA for the State.
Hon’ble Ravindra Maithani, J. (Oral)
The applicant is in judicial custody in FIR No.126 of 2024, dated 20.12.2024, under Sections 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Kaladungi, District Nainital. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused the record.
3.
According to the FIR, on 20.12.2024, 280 Grams Charas was allegedly recovered from the possession of the applicant.
4.
Learned counsel for the applicant would submit that there is no independent witness of the alleged recovery; it is a case of non-compliance of the provisions
2 of the Act; the allegedly recovered quantity is less than commercial and the applicant is not a previous convict.
5.
Learned State counsel would submit that the bail rejection order does not reveal that the applicant is a previous convict.
6.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
7.
The bail application is allowed.
8.
Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
(Ravindra Maithani, J.)
08.01.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd504686df4d1afc60f54a287 831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515A087CA EFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.01.08 18:54:17 +05'30'